Legal Opinion
McNeely & Price Co. v. the Exchequer
District Court, E.D. Pennsylvania
Decided September 28, 1951No. 305 of 1947, AdmiraltyPublishedCited by 17 opinions
1Opinion of the Court
KIRKPATRICK, Chief Judge.
This is a suit in admiralty for damage to a cargo of goatskins found, on arrival at Philadelphia on October 23, 1946, to have been injured by having been wet at some time. The skins were in bales covered with burlap and had been loaded at Djibouti on August 24, 1946, on which date three bills of lading acknowledging receipt in good order and condition had been issued.
In cargo damage cases where the goods are found to be damaged on arrival, proof of delivery to the carrier in good condition makes a prima facie case of liability and throws upon the carrier the burden of…
2Cases cited3 opinions
- The Niel MaerskCourt of Appeals for the Second Circuit · 1937
- Warner Barnes & Co. v. Kokosai Kisen Kabushiki KaishaCourt of Appeals for the Second Circuit · 1939
- McNeely & Price Co. v. Ellerman & Bucknall S. S. Co.District Court, E.D. Pennsylvania · 1951
3Cited by17 opinions
- A.I.G. Uruguay Compania De Seguros, S.A. v. AAA Cooper TransportationCourt of Appeals for the Eleventh Circuit · 2003
- Copco Steel & Engineering Company v. S/S ALWAKIDistrict Court, S.D. New York · 1955
- Copco Steel & Engineering Co. v. the Prins Willem Van OranjeDistrict Court, E.D. Michigan · 1957
- British West Indies Produce, Inc. v. S/S ATLANTIC CLIPPERDistrict Court, S.D. New York · 1973
- Mississippi Valley Barge Line Company v. Inland Waterways Shippers Association, Inc., a CorporationCourt of Appeals for the Eighth Circuit · 1961
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